Terms and conditions for training courses
This is a legal agreement between you (Licensee or you) and QE Safety Consultancy Pte Ltd (Licensor or we) for your purchase of QES training courses and training materials (“Training Courses” and “Training Materials” respectively), which includes printed materials and online documentation (Documentation).
By clicking on the “purchase” button on your event page, you agree to these terms which will bind you and (if you are an employer) your employees. If you do not agree to these terms, we shall not sell Training Materials or Documentation to you and you must discontinue the purchasing process now.
1. THE PRODUCT
• Distance Learning
o Delegate can book the product online
o With distance learning QES will send learning materials to the delegate for completion on receipt of full payment
Please note that we reserve the right to change the course content of any Training Course at any time and without notice.
2. THE SALE
The purchase of Training Courses
and Training Materials are subject to the following:
• the prices set out for the relevant product on our website; and
• the purchase of the Training Courses and Training Materials includes the granting of a non-exclusive, non-transferable licence to use the Training Materials and the Documentation on the terms of such licence, which are set out in the following clause.
3. THE LICENCE
You may receive and possess the Training Materials associated with the relevant Training Course purchased and to use such Training Materials in conjunction with the attendance of such course, as well as use such as a record of information for the term of this licence provided that only the delegate of the of the relevant Distance Learning Training Course may make such use of them.
4. LICENSEE’S UNDERTAKINGS
Except as expressly set out in this Licence you:
• not to copy the Training Materials or Documentation except where such copying is incidental or necessary for the purposes of completing the relevant Training Course;
• not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Training Materials or Documentation;
• not to alter, or modify, the whole or any part of the Training Materials or Documentation, nor permit the Training Materials or any part of them to be combined with, or become incorporated into, any other materials;
• to supervise and control use of the Training Materials and Documents and ensure that they are used by your employees and representatives in accordance with the terms of this Licence;
• to include the copyright notice of QES on all entire and partial copies you may make of the Training Materials or Documents on any medium;
• not to provide or otherwise make available the Training Materials or Documentation in whole or in part, in any form to any person without prior written consent from the Licensor;
5. TRANSFERS AND CANCELLATION OF TRAINING COURSES
Delegates may transfer their registration for one course to another course up to 10 working days prior to the original course date. Once a delegate has transferred no refunds can be made for the cancellation of either course. Only one transfer by any delegate may be made.
If you cancel a Training Course: – all cancellations must be made no later than 10 working days before the start of relevant Training Course. We will only accept cancellations that are made in writing. If a delegate fails to attend a Training Course, or a cancellation is sought within the 10 days prior to the start of such course, full payment will be required.
No refunds shall be given for the cancellation of Distance Learning courses no matter when cancellation is notified to us.
If we cancel a Training Course, or change course content: – we reserve the right to cancel a Training Course at any time, without incurring any additional liability to the Licensor or any delegate. In such circumstances, we will offer alternative dates, a full refund or a credit note.
6. CONFIDENTIALITY
6.1 With regard to any materials that the Licensee may produce to the Licensor during a Training Course pursuant to the curriculum of that Training Course (the “Projects”), The Licensor shall:
a. keep confidential all know-how, including commercial and financial information, that is of a confidential nature, disclosed by the Licensee to the Licensor in a Project;
b. not publish Projects without the express prior written consent of the Licensee; and
c. disclose know-how, and any other confidential information in Projects, only to those persons necessary for the purposes of the relevant Training Course and only to the extent necessary for the proper performance of their duties.
6.2 The Licensor shall procure that the obligations in clause 6.1 are observed by its employees, officers and agents.
6.3 The Licensor shall notify the Licensee immediately if it becomes aware of any disclosure in breach of the obligations in this clause 6. At the request of the Licensee, the Licensor will take all such steps as are necessary to prevent further disclosure.
7. TERMS OF PAYMENT
Payment can only be made by invoice. Receipts for payment will provided in electronic format if required.
We take reasonable measures to ensure that our website is a secure site. Please see the terms and conditions of use of our website concerning access to it and use of the facilities on it. We take all necessary steps to ensure that any information provided by you for the purposes of payment will be kept secure.
Invoices payment terms are 30 days from date of invoice or at least 7 working days before the start of the course, whichever is sooner.
8. TERMINATION
The Licensor may terminate this Licence immediately by written notice to you if
• you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or
• a petition for a bankruptcy order to be made against you has been presented to the court; or
• the Licensee (where it is a company) becomes insolvent or unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986), enters into liquidation, whether voluntary or compulsory (other than for reasons of bona fide amalgamation or reconstruction), passes a resolution for its winding-up, has a receiver or administrator manager, trustee, liquidator or similar officer appointed over the whole or any part of its assets, makes any composition or arrangement with its creditors or takes or suffers any similar action in consequence of its debt, unable to pay your debts (within the meaning of section 123 of the Insolvency Act 1986).
9. GENERAL
Any notice required or permitted to be given by either party to the other under these terms shall be in writing.
If any provision of these terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and the remainder of the provision in question shall not be affected thereby.
The terms are governed by the laws of England and the parties submit to exclusive jurisdiction of the courts of England.
10. ENTIRE AGREEMENT
These terms and any document expressly referred to in them represent the entire agreement between us in relation to the purchase of Training Courses, Training Materials and Documentation and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into these terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into these terms, except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of entering into these terms (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
We have the right to revise and amend these terms and conditions from time to time.
Last updated: March 2021